Title 34, CIVIL LAW AND PROCEDURE

Sec. 9. Upon the granting or continuing of an injunction, such terms and conditions may be imposed upon the party obtaining the injunction that are considered equitable. [Pre-1998 Recodification Citation: 34-1-10-5.] As added by P.L.1-1998, SEC.22.

Sec. 1. Writs of mandate in the circuit and superior courts are abolished. Causes of action previously remedied by writs of mandate may be remedied by means of complaint and summons in the name of the state on relation of the party in interest in the circuit, superior, and probat…

Sec. 2. (a) The supreme court may issue writs of mandate and prohibition in aid of the appellate powers and functions of the supreme court. (b) The court of appeals may issue writs of mandate and prohibition in aid of the appellate powers and functions of the court of appeals. [P…

Sec. 3. (a) The supreme court may issue writs of mandate to any and all inferior courts compelling the performance of any duty enjoined by law upon the inferior courts, including the granting of changes of venue from the county in cases where: (1) change of venue is allowed by la…

Sec. 4. Costs shall be awarded in these proceedings as in civil actions. [Pre-1998 Recodification Citation: 34-1-58-8.] As added by P.L.1-1998, SEC.23.

Sec. 1. (a) This section applies to a person who is a resident of Indiana. (b) To establish a public record of the time and place of a person's birth the person must: (1) have been a bona fide resident, for more than six (6) months, of the county where the application is filed; a…

Sec. 10. The clerk shall collect the fee provided in IC 33-37-4-4. However, a fee may not be collected if the petitioner is a resident of Indiana. [Pre-1998 Recodification Citation: 34-4-3-10.] As added by P.L.1-1998, SEC.24. Amended by P.L.98-2004, SEC.122.

Sec. 11. Where the applicant fails to prosecute the cause for one hundred twenty (120) days after filing the application, the court or judge shall dismiss the application for want of prosecution, and the clerk of the circuit court shall destroy the application immediately followi…

Sec. 2. (a) This section applies to a person who: (1) was born in Indiana; and (2) is not a resident of Indiana at the time of the application. (b) The person may file a verified application in the circuit or superior court of the county of the person's birth for an order to esta…

Sec. 3. The clerk of the court shall provide the forms for the petition in the same manner as other forms are provided for by law. [Pre-1998 Recodification Citation: 34-4-3-3.] As added by P.L.1-1998, SEC.24.

Sec. 4. (a) This section applies to any person, resident or nonresident, who has filed an application in any court as provided in this chapter. (b) Except as provided in subsection (c), the applicant shall give notice of the application by one (1) insertion in a qualified newspap…

Sec. 5. Upon the filing of proof of notice by publication or posting, as provided in section 4 of this chapter, the court or judge may hear the application and enter a determination of status of the applicant as to time and place of birth. [Pre-1998 Recodification Citation: 34-4-…

Sec. 6. Before the court or judge has jurisdiction to determine the application, the applicant must demonstrate: (1) that at least two (2) freeholders, either of the county of the residence of the applicant or of the county of birth have: (A) knowledge of the facts stated in the …

Sec. 7. (a) The applicant may appear: (1) in person; and (2) with or without an attorney. (b) If the applicant appears without an attorney, the judge shall conduct the hearing of the applicant and the examination of the witnesses. (c) The judge may continue the hearing from time …

Sec. 8. A copy of the decree of the court or judge certified under the seal of the clerk of the court is prima facie evidence in any court, board, council, or commission of Indiana to show time and place of birth of the person named in the decree. [Pre-1998 Recodification Citatio…

Sec. 9. (a) The clerk of the court shall: (1) make and keep an index record to be known as the birth certificate record; and (2) enter the judgment and decree into the proper index of the record. (b) The clerk shall also send a certified copy of the judgment and decree to the div…

Sec. 1. This article is not intended to be an exhaustive compilation of all immunities from civil arrest in the Indiana Code. In addition to the immunities from civil arrest that appear in this article, other immunities from civil arrest may appear outside this article. [1998 Rec…

Sec. 2. Statutes outside IC 34 providing immunity from civil arrest include the following: (1) IC 10-16-7-8 (Members of the national guard not subject to arrest on civil process while on duty). (2) IC 35-37-5 (Uniform Act to Secure the Attendance of Witnesses from Without a State…

Sec. 1. This article is not intended to be an exhaustive compilation of all sources of immunity from civil liability in the Indiana Code. In addition to the immunities from civil liability that are recognized in this article, other immunities from civil liability may be found in …

Sec. 2. As an aid to the reader, an effort has been made to list other locations in the Indiana Code where immunities from civil liability are recognized. This list provided in IC 34-30-2.1 does not take the place of traditional legal research. [1998 Recodification Citation: New.…

Sec. 1. This article is not intended to be an exhaustive compilation of all limits on civil liability in the Indiana Code. In addition to the limits on liability that are recognized in this article, other limits on civil liability may be recognized in other provisions of the Indi…

Sec. 2. As an aid to the reader, an effort has been made to list other locations in the Indiana Code where limits on civil liability are recognized. This list provided in IC 34-31-2 does not take the place of traditional legal research. [1998 Recodification Citation: New.] As add…

Sec. 1. If notice is required by this article, the notice must be in writing, and may be served by the proper officer or any other person. [Pre-1998 Recodification Citation: 34-1-65-1.] As added by P.L.1-1998, SEC.28.

Sec. 2. Publications of legal and other official matters printed in the English language are lawful, if published in a newspaper of general circulation published in the county. [Pre-1998 Recodification Citation: 34-1-3-1.] As added by P.L.1-1998, SEC.28.

Sec. 3. (a) This section applies when notice concerning: (1) an action; (2) a proceeding; (3) a sale under execution; or (4) any other matter; is required by law to be given by publication in a newspaper. (b) To establish compliance, the person whose duty it was to cause the publ…

Sec. 1. (a) This section applies to a civil action brought in any court of this state against: (1) a firm; (2) a copartnership; (3) a limited liability company; (4) an association; (5) a railroad; or (6) an other corporation; that is in the hands of a receiver who is not domicile…

Sec. 1. The court or the judge shall change the venue of any civil action upon the application of either party, made upon affidavit showing one (1) or more of the following causes: (1) The judge has been engaged as counsel in the cause before the judge's election or appointment a…

Sec. 2. (a) This section applies when a change of venue is directed for any of the causes mentioned in section 1(3), 1(4) and 1(5) of this chapter. (b) The court or judge shall: (1) designate the county to which the venue shall be changed, which may be in the same or in an adjoin…

Sec. 3. (a) This section applies when the change of venue is granted for any of the causes mentioned in section 1(1), 1(2), 1(6), or 1(7) of this chapter. (b) Except as provided in subsection (c), the court or judge shall call a judge of any circuit, superior, or other court of g…

Sec. 4. (a) When a practicing attorney is called upon to preside in the place of the regular judge as a judge pro tempore, the attorney shall be allowed the following: (1) The sum of twenty dollars ($20) per day for each day or part of a day actually served. (2) For each mile nec…

Sec. 5. (a) This section applies if a judge is prevented from presiding during any session of court by reason of: (1) death, sickness, or other casualty; or (2) the judge's failure to attend or appear for any period of three (3) days; so that the court will lapse. (b) The sheriff…

Sec. 1. (a) The parties may either submit or argue a case to the jury. (b) In the argument, the party with the burden of the issue has the opening and closing. The party who opens must disclose in the opening all the points relied on in the cause. If, in the closing, the party wh…

Sec. 2. When requested by either party, the court shall take brief notes of the evidence of the parties in the order in which the evidence is introduced in the trial. [Pre-1998 Recodification Citation: 34-1-21-2.] As added by P.L.1-1998, SEC.32.

Sec. 3. (a) Whenever, in the opinion of the court, it is proper for the jury to have a view of: (1) real or personal property that is the subject of litigation; or (2) the place in which a material fact occurred; the court may order the jury to be conducted in a body, under the c…

Sec. 4. (a) When a case is submitted to the jury, the jury may: (1) decide in court; or (2) retire for deliberation. (b) Except as provided in subsection (c), if the jury retires, the members of the jury must be kept together in some convenient place, under the charge of a sworn …

Sec. 5. (a) If the members of the jury are permitted to separate, either during the trial or after the cause is submitted to them, the court shall admonish the jurors that it is their duty not to: (1) converse with each other; or (2) permit themselves to be addressed by any other…

Sec. 6. If, after the jury retires for deliberation: (1) there is a disagreement among the jurors as to any part of the testimony; or (2) the jury desires to be informed as to any point of law arising in the case; the jury may request the officer to conduct them into court, where…

Sec. 7. The jury may be discharged by the court under any of the following circumstances: (1) Sickness of a juror. (2) Other accident or calamity requiring the discharge. (3) Both parties consent to the discharge. (4) The jury has been kept together until it satisfactorily appear…

Sec. 8. In all cases where the jury is discharged during the trial, or after the cause is submitted to them, the case may be tried again immediately or at a future time, as the court may direct. [Pre-1998 Recodification Citation: 34-1-21-8.] As added by P.L.1-1998, SEC.32.

Sec. 9. When the jury has agreed upon a verdict, the verdict must be reduced to writing and signed by the foreman. When returned into court, the foreman shall deliver the verdict, and either party may poll the jury. If a juror dissents from the verdict, the jury shall again be se…

Sec. 1. (a) There is no difference in evidence between sealed and unsealed writings. Every writing that is not sealed has the same force and effect that it would have if sealed. (b) A writing under seal, except conveyances of real estate or any interest in real estate, may be cha…

Sec. 2. The execution of an instrument is the subscribing and delivering of the instrument with or without affixing a seal. [Pre-1998 Recodification Citation: 34-1-16-4.] As added by P.L.1-1998, SEC.33.

Sec. 3. Recitals in any written instrument have no greater effect than they have had in writings not under seal. [Pre-1998 Recodification Citation: 34-1-16-5.] As added by P.L.1-1998, SEC.33.

Sec. 4. Sections 1, 2, and 3 of this chapter do not repeal or affect any Indiana statute expressly requiring a seal to a deed or other instrument. [Pre-1998 Recodification Citation: 34-1-16-6.] As added by P.L.1-1998, SEC.33.

Sec. 5. Certificates or instruments, either printed or written, purporting to be: (1) the official act of a notary public of this state, of the District of Columbia, or of any other state or territory of the United States; and (2) under the seal and signature of a notary public; …

Sec. 6. The original affidavit and copy of a notice published in a newspaper, which are filed under IC 34-32-1-3 (or IC 34-1-18-8 before its repeal), and copies of the affidavit and notice, duly certified by the clerk, are presumptive evidence in all cases and before every court …